Faculty of Law, Universitas Lampung, Bandar Lampung, Indonesia.
http://jurnal.fh.unila.ac.id/index.php/aelr P-ISSN: 2723-2484
E-ISSN: 2745-9330
Chain of Responsibility in Land Transportation Associated with Overloading Activities
Dea Safira Setiono1, Hilda Yunita Sabrie2
1Universitas Airlangga, Indonesia E-mail: [email protected]
2Universitas Airlangga, Indonesia E-mail: [email protected]
Article’s Information Abstract
keywords:
Chain of Responsibility, Overloading,, Transport Company.
DOI :
https://doi.org/10.25041/aelr.v4i1.2887
Heavy vehicles are one of the modes of land transportation in Indonesia in the activity of transporting goods. A large number of transport companies creates business competition related to the supply of freight costs. To get more profit, transportation companies practice over dimension and overloading. Overloading which is more prevalent in transportation, causes losses for various groups. One of the losses can impact workers in a transportation company where the liability for the crew of the vehicle is not regulated in detail. The existence of the principle of Chain of Responsibility in regulations regarding the transportation of heavy vehicles aims to expand the responsibility for losses incurred, such as overloading practices. This principle ensures that all subjects in the logistics chain have the duty to ensure compliance with regulations, including truck owners, transportation operators, goods senders, and goods recipients. This study discusses the responsibility of the parties in the delivery of goods related to overloading and recognizes the concept of Chain of Responsibility in transportation by land in overloading practices. The research method used is empirical juridical with a conceptual approach and a statute approach. For these problems, this study aims to analyze the accountability of the parties in overloading activities and to recognize Submitted: Jan 25, 2023; Reviewed: Feb 15, 2023; Accepted: Mar 01, 2023
the concept of Chain of Responsibility in land transportation in overloading practices.
A. Introduction
Road Infrastructure is one of the basic facilities necessary for the growth of a modern economy. It is critical to have a safe and reliable infrastructure to aid the effective transportation of goods and people. Over dimension and overloading (ODOL) are undeniably common problems in Indonesia. Over dimension is a condition where the dimensions of the vehicle carrier are not in accordance with factory production standards or have been modified against the law.1 While overloading is a condition where a transport vehicle carrying an indicated load exceeds the specified maximum load limit.2 According to the data contained in the weighbridge, the practice of over dimension occurs around 25% when compared to trucks with indications of overloading. The problem of road damage resulting from overloading befalls inter-city roads and strategic roads which are the main roads of the country's economy.
This resulted in the state having to spend more than the state's national budget to improve road infrastructure. Overloading of heavy vehicles is a threat to infrastructure, especially road pavements. This happens because overloading can cause an increase in damage acceleration or pavement pressure. Overloading problems are experienced by all countries, even though these countries have adequate road structures. The solution to the problem of overloading vehicles is to reduce the vehicle's load, this is considered more effective when compared to the high cost of increasing the thickness of the road pavement to reduce stress and strain on the sublayer.3
The principle of the Chain of Responsibility or known as the Chain of Responsibility (CoR), requires that each party in the road transportation chain must comply with their respective responsibilities. Doing so can improve safety and reduce the risk of injury to those involved in the supply chain as well as the general public. The regulatory fra mework regarding the Chain of Responsibility contains the levers related to all parties in the logistics chain to ensure compliance with heavy vehicle regulations. This principle can provide for more effective compliance and enforcement when compared to regulatory frameworks that apply penalties only to drivers of vehicles.
The problem of over dimension and overloading itself is a problem that is quite difficult to solve, so there is a need for cooperation between parties and further investigation regarding the roots of the problem of over dimension and overloading trucks. In Indonesia, the problem of over dimension and overloading has quite a serious impact, especially infrastructure damage and traffic accidents. The government should effectively enforce national regulations that stipulate penalties for violations of legal provisions imposed by the labor inspectorate in road transport, as well as the existence of inspectors in carrying out their functions. For serious or repeated violations, existing penalties must be given according to the severity of the violation and must comply with the regulations in line with the Chain of Responsibility. The rules regarding over dimension and overloading itself are not new but have started to tighten since 2009, prohibiting vehicles with over dimension and overloading from operating.
However, the objections of various parties have caused this regulation to continue to experience delays even though these violations have had a negative impact, especially on road infrastructure and road user safety. In addition, the rights of drivers as workers in operating
1 Dinas Perhubungan Kabupaten Kutai Kartanegara, “Larangan Overdimensi Dan Overload Pada Kendaraan Bermotor,” n.d.
2 Dinas Perhubungan Kabupaten Purworejo, “Pengertian Overload,” n.d.
3 A.A. Molenar, “Axle and Wheel Loads in Developing Countries and Consequences for Material Specifications,” 84th Transportation Research Board Annual Meeting, 2005.
heavy vehicles also have a high risk in carrying out their work, so it is necessary to specifically regulate the division of tasks and responsibilities of various parties by implementing the Chain of Responsibility principles. The factor of unpreparedness of the industrial sector and the problem of recession due to the Corona pandemic has also resulted in the postponement of the over-dimension and overloading free targets until 2023. Therefore, this study aims to determine the accountability of the parties in the delivery of goods due to overloading in relation to the provisions that apply in Indonesia. As well as understanding the Chain of Responsibility in land transportation activities and its application in a case. In conducting this legal research, a statute approach is used, namely an approach that places an understanding of the hierarchy and principles in laws and regulations in problem-solving methods.
This study method the responsibility of the parties in the delivery of goods related to overloading and recognizes the concept of Chain of Responsibility in transportation by land in overloading practices. The research method used is empirical juridical with a conceptual approach and a statute approach. The conceptual approach is a type of approach in legal research that provides an analysis point of view of solving problems in legal research from the aspects of the legal concepts underlying it or even from the values contained in the normalization of regulation in relation to the concepts used. Most types of this approach are used to understand concepts related to normalization in law, whether it is in accordance with the spirit contained in the legal concepts that underlie it. This approach departs from the views and doctrines that have developed in the science of law. This approach is important because understanding the views/doctrines that develop in legal science can be a basis for building legal arguments when resolving legal issues. Views/doctrines will clarify ideas by providing legal notions, concepts, and principles relevant to the problem. Then a comparative approach is a type of approach in which researchers try to compare both with other countries and with events that have occurred in one country. In this case, the micro-comparative approach is only used to compare in a certain country within a certain period of time.
This research will focus on the conceptual basis of legal protection for land transport activities based on Law Number 22 of 2009 concerning Road Traffic and Transportation (UULLAJ) in the practice of overloading transport companies. In addition, this research focuses on the principle of responsibility in land transportation activities based on the International Labor Organization. This research also uses a conceptual approach, which is an approach that departs from the views and doctrines developed in the science of law. The statute approach in this study examines several laws and regulations, including Law Number 22 of 2009 concerning Road Traffic and Transportation, Government Regulations, Ministerial Regulations, and other regulations. The conceptual approach of this study uses the views of legal experts and doctrines that will examine legal protection. This approach will provide an analysis of the concept of legal protection and analysis in this study which will be linked to applicable regulations. The conceptual approach refers to the principles, doctrines, and views of scholars that are used when there is no legal rule for the problem at hand.
B. Discussion
1. Overloading Regulations
The overloading problem identified in the Asia-Pacific Economic Cooperation study is a significant problem in developing countries.4 Overloading vehicles has productivity benefits by transporting large cargo volumes at minimal marginal cost to transport operators and shippers. This can increase the risk of accidents due to vehicles operating outside the normal
4 “Regulatory Toolkit for Overloaded and Poorly Loaded Road Vehicles,” 2017.
safety parameters that have been determined in the vehicle feasibility test, which can result in higher costs for the community and the country's economy. Heavy vehicles with overloading can cause damage to road infrastructure, so increased maintenance and capital investment are needed to continue operating optimally.
Regulations regarding the prevention of overloading practices have basically been regulated in UULLAJ. The vehicle will be overloaded if there is a discrepancy in the excess weight of the load from the maximum amount determined in the Motor Vehicle Test. Article 277 Law on Road Traffic and Transportation. In the case of a typing test, it must be carried out for every motorized vehicle, trailer, and attached car, which is imported, self-made and/or assembled domestically, as well as modifications to motorized vehicles that cause a change in type. In addition, liability for violations of overload refers to article 307 Juncto Article 169 Paragraph (1) states the driver will be guilty as a result of the practice of overloading carried out by the company with or without the consent of the transport driver.
In the case of transporting goods, loading procedures are an important component that must be regulated in a regulation. Loading procedures are regulated in Ministerial Regulation Number 60 of 2019. The load distribution must meet the loading requirements for each axle's heaviest axle, the road's carrying capacity, and the amount of weight allowed. The grouping of road classes is regulated to achieve order in the administration of roads and the development of road traffic and transportation. The road class in the legislation is divided into several classes based on the first, the carrying capacity to accept the heaviest axle load and the dimensions of motorized vehicles. Second, based on traffic function and intensity in the interest of regulating road use, smooth traffic, and road transportation.
Due to the existence of a classification related to size, length, height and heaviest axle load, it is necessary to have a load test in the transport vehicle. Testing must be carried out for motorized vehicles, trailers, and attached cars that are imported, manufactured and/or assembled domestically to be operated on the road. This test is usually called the KIR Test or in Dutch it is called KEUR, a series of activities to carry out tests of motorized vehicles as a sign that the vehicle is technically feasible for use on the highway, especially for goods and passenger vehicles.5 The test is divided into type tests and periodic tests. The type test is carried out in the presence of physical testing and research on the design and engineering of motorized vehicles to fulfill technical and roadworthiness requirements. The government-type test implementing unit will carry out the type test. As proof that production type registration has been carried out, proof of type test registration certificate will be given.
The physical inspection and testing will be done by the district/city government testing implementing unit, the sole agent implementing unit of the brand holder obtaining permission from the government, or the private testing implementing unit obtaining permission from the government. Evidence of passing periodic tests on the results of physical inspection and testing in the form of giving test cards and test marks. Supervision of goods transport loads is carried out using a weighing device where it is used to monitor drivers and/or public transport companies. The weighing is carried out by motorized vehicle inspectors, who are carried out together with officers of the Republic of Indonesia National Police. The inspector is referred to as the Motorized Vehicle Weighing Implementing Unit, hereinafter referred to as the UPPKB where the unit works under the ministry of transportation which carries out the task of supervising the cargo of goods using a weighing device that has been permanently installed at each particular location.
5 Dinas Perhubungan Kabupaten Sampang, “Prosedur Dan Persyaratan Pengujian Kendaraan Bermotor,” 2022.
2. Application of The Principles of Chain of Responsibility in Land Transportation Activities
Any loss in the transportation of goods will result in the obligation of the carrier to be responsible for the goods being transported. Responsibility or responsibility has a broad meaning; in it there is accountability, which is a small part of the responsibility.
Responsibility (responsibility) is defined as a result of the existence of a role, whether it is a right and obligation or power. Responsibility is defined as an obligation to do something or behave in a certain way where this does not deviate from existing regulations.6 Liability is within the scope of private law, which has an understanding that refers to the position of a person or legal entity who is deemed to have to pay compensation or compensation a fter an event or legal action.7 Losses incurred by a person or legal entity must pay compensation due to an unlawful act (onrechtmatige daad). The difference between responsibility and liability is in the element of guilt, in responsibility based on elements of error that must be fulfilled so that people can fulfill their responsibilities because responsibility and guilt are fundamental understandings in law. Meanwhile, in liability, the error element is not required to be held accountable. In fact, even events that are not caused by human actions can cause an element of accountability. The terms regarding liability are based on Article 1365 BW (Burgelik Wetboek). In the implementation of accountability as safe in article 1365 BW, a principle is also known, namely the Chain of Responsibility.
Chain of Responsibility is a principle whose aim is to extend the responsibility for complying with regulations to heavy vehicles other than truck drivers. This principle ensures that all subjects in the logistics chain have the duty to ensure compliance with regulations, including truck owners, transportation operators, goods senders, and goods recipients. The main feature of the Chain of Responsibility principle is mass compliance and the use of the right vehicle for the size and type of load by drivers and operators in the logistics chain. This is to ensure mass limits on roads and routes that are approved for certain vehicles and masses to protect road assets. In the International Labor Organization (ILO), Chain of Responsibility is explained as a principle whereby each party in the road transportation chain must comply with the responsibilities of each party in order to improve safety and reduce the risk of injury to people involved in the supply chain and the general public. Within the ILO, the Chain of Responsibility principle must align with the IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTU Code). This is to ensure the identification of functional responsibilities on the part of the road transport chain.
In applying the Chain of Responsibility principle, duties or obligations are assigned to the parties in the transportation chain. These parties must do certain things according to the regulations by not violating traffic laws. Every truck entering the company location must be weighed empty and given a mass certificate as a marker. The type and quantity of product required are identified and trucks are directed to the appropriate location. The company has identified the possible volume possibilities of various products at various masses so that the driver knows, on an indicative basis, what height and weight of cargo to fill. The required product and the required mass are displayed in the loader cabin so that the driver knows what and how much to load to prevent overloading. When loading is complete, the truck must return to the weighbridge and the driver is issued a cargo ticket. If the total mass or mass limit is violated, the driver is expected to return to the loading location to reduce or spread the load as needed. The driver will return to the weighbridge and the process is repeated until it is free.
Following the release of a bill of lading indicating that the load meets the mass requirements, the operations staff checks with the truck driver to ensure that the product and mass are
6 Ridwan Halim, Hukum Administrasi Negara Dalam Tanya Jawab: Ghalia Indonesia (Ghalia Indonesia, 1988).
7 Peter Mahmud Marzuki, Penelitian Hukum Edisi Revisi, Kencana, 2005, p. 220.
correct and the truck is allowed to depart. This comprehensive system is useful for ensuring compliance and also has a commercial advantage in enabling the company to charge the correct amount of material to be supplied to customers. Companies that have implemented a comprehensive compliance system will comply with mass limit controls and may be allowed to pass through the weigh station system.
In civil law, the theory of causality is used to find a causal relationship between unlawful acts and the losses incurred in order to be able to assign responsibility to the perpetrator.8 According to Nieuwenhuis, there are two kinds of theories regarding the causal relationship between errors and losses, namely the Condicio Sine Qua Non Theory and the Adequate Theory.9 The condicio sine qua non theory explains that all causes can be accounted for.10 Nieuwenhuis explained that the condition for imposing losses on other people is that there has been a violation of norms which can be considered as a condicio sine qua non of such losses.
What is important is to determine whether the loss can be borne by someone other than the one who was harmed. Because this is only possible if the loss results from a violation of the norm by the other person, the legal expert are only interested in the conditions for the occurrence of a loss where there is also a violation of the legal norm. The conditio sine qua non theory is known as the Bedingung theory because there is no difference between conditions and causes for him.11
The Adequate Theory explains that a new thing can be said to be the cause of an effect if, according to human experience, it can be predicted that a causal relationship will be followed by an effect that will indeed arise afterward. An effect in question arises because of a factor that is juridically normative, so relevant and creates an effect.12 Violating the norm not only has to fulfill the condition sine qua non for loss, but the loss must also be adequate (fit) with the violation of the norm. It is not required that the loss necessarily or should (noodzaakelijk) arise from such an act. Losses are the result of adequate violations of norms such as examples of defaults, unlawful acts, and others. If the violation of such norms increases (verhoogd), the possibility (chances) for such losses to occur (adequate causal teachings). Jurisprudence deals with teaching causes that are adequate in psychological diversity and for accountability requires that harm is the result that is reasonably expected or predictable from an act.
However, in order to balance liability, jurisprudence imposes another condition besides the causal relationship between the act and the loss. Violation of the norm not only has to be a condicio sine qua non for loss, but the loss must also be appropriate (adequate) with the violation of the norm. The practice of overloading can be classified as a violation of norms, namely an act that violates the law, whereas in civil law, an act that violates the law is an act that will normatively violate Articles 1365-1380 BW. The theory of causality adopted by Indonesia refers to accountability for losses with the adequate theory in which in this theory, accountability is borne by the perpetrators of violations of the norms resulting in losses.13
8 MA Moegni Djojodirdjo, Perbuatan Melawan Hukum (Jakarta: Pradnya Paramita, 1979).
9 MR.J.H Nieuwenhuis, Pokok - Pokok Hukum Perikatan, ed. Djasadin Saragih Surabaya, 1985, p. 61.
10 Gunawan Widjaja and Kartini Mulyadi, Perikatan Yang Lahir Dari Undang - Undang, Rajawali Press, Jakarta, 2005, p.
117.
11 Moeljatno, Asas - Asas Hukum Pidana (Jakarta: Rineka Cipta, 2009).
12 Ibid., p.150.
13 Hanifah Anas and Muhammad Arif Sahlepi, “Pertanggungjawaban Pengemudi Akibat Perdamaian Dalam Tindak Pidana Kecelakaan Lalu Lintas Yang Mengakibatkan Kematian (Studi Putusan Nomor 28/Pid. Sus/2019/PN Bna),” Jurnal Ilmiah Metadata 4, no. 2 (2022).
The application of the Chain of Responsibility principle is applied as one of the principles that protect the parties in the event of an overloading activity. Later, this principle will regulate the various responsibilities of the parties in a loss resulting from the practice of overloading. The Chain of Responsibility principle emphasizes the responsibility of each party in the transport chain to fulfill the theory of condicio sine qua non. This can be seen from the fulfillment of overloading violations using the application of the Chain of Responsibility principle. Overloading occurs from the interference of various parties. Thus, the court, in its prosecution, can consider the actions of each party in the supply chain. This aims to prevent violations of the Heavy Vehicle National Law (NVHL). Therefore, every manager in the Supply Chain must take appropriate and reasonable steps to ensure heavy vehicle drivers can carry out their duties without violating the Heavy Vehicle National Law.
The theory of condicio sine qua non is seen by the application of responsibility that extends from the principle of Chain of Responsibility. The emergence of the loss in question is the existence of a violation of norms, namely the act of violating the law of several parties by the practice of overloading in transportation. The condicio sine qua non relationship is seen when suing for losses that occur are the responsibility of various Supply Chains in the transportation of goods. So, with the theory of condicio sine qua non, examine the mistakes of the responsibilities of each party in the Supply Chain where this is the implementation of the principle of Chain of Responsibility.
Chain of Responsibility is a concept devised in the early 2000s to provide accountability, management of driver fatigue, speed, overload and overloading issues. At that time, the transportation industry's significant problems were with the parties related to the transportation supply chain (Supply Chain). In 2005, the Chain of Responsibility was developed as part of the National Road Transport Reform (Compliance and Enforcement) Act 2003. In 2014, the Heavy Vehicle National Law (HVNL) was introduced as a set of laws for heavy vehicles with the principle that anyone who has influence over transportation activities is responsible for road safety. The Chain of Responsibility aims to ensure that everyone in the Supply Chain shares the responsibility for ensuring violations of the National Heavy Vehicle Law do not occur in Article 26A Heavy Vehicle National Law, explains that the safety of transportation activities related to heavy vehicles is the joint responsibility of each party in the vehicle's Chain of Responsibility. Each party in the Chain of Responsibility must ensure the safety of the transportation activities of the party related to the vehicle.
3. Legal Protection for Parties Related to Land Transportation Overloading Practices Overloading activities can result in losses for the parties in the event of an accident.
Losses that occur can cause disputes that can be resolved through litigation and non-litigation.
Litigation is the settlement of legal issues through the courts, generally with the implementation of a lawsuit. Meanwhile, the non-litigation route means that the settlement of legal problems is carried out outside the court, which is known as alternative dispute resolution. Non-litigation can take the form of mediation, conciliation, arbitration and negotiation. Settlement of disputes outside the court is actually an attempt to bargain or compromise to obtain a mutually beneficial solution.14
14 Nirmala Sari and Khaidir Saleh, “Tinjauan Yuridis Penerapan Sanksi Pidana Pada Kecelakaan Lalu Lintas Yang Menyebabkan Korban Jiwa Menurut Pasal 310 Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan,” Jurnal Politik Dan Pemerintahan Daerah 4, no. 2 (2022).
Protection for people employed by transport companies is contained in the public transport company's obligation to ensure people are employed as vehicle crew. The vehicle crew is described as a driver, backup driver, conductor, and assistant driver. In addition to the vehicle crew, other parties that must be considered are the other parties in the transportation, namely victims of losses incurred as a result of overloading practices.15
Legal protection is an effort to fulfill rights and provide assistance to fulfill a sense of security for witnesses or victims which is manifested by restitution, compensation, medical services, and legal assistance. The role of the transportation company in the presence of good task management will produce optimal results in business. The existence of overloading practices that are detrimental to various parties encourages legal protection for the parties in transportation which so far has not been considered by laws and regulations. In Article 169 Paragraph (1) of the Road Traffic and Transportation Law, it is explained regarding the subject of cargo control regarding loading procedures, carrying capacity, vehicle dimensions, and road class that must be obeyed by drivers and/or public goods transportation companies.16
Legal protection is an effort to protect the interests of individuals for their position as human beings who have the right to enjoy their dignity by giving them the authority to act in the context of their interests.17 The form of legal protection can be divided into two, namely preventive legal protection and repressive legal protection. Preventive legal protection is provided with the aim of preventing losses or violations before they occur. Preventive protection relates to the role of insurance for freight forwarding companies in providing guarantees for transported goods in the form of risk transfer, compensation payments, and fundraising institutions. This is like the obligation of the transportation company to insure the vehicle and the driver through the BPJS (Social Security Administrator) Employment obligation, insure the life with life insurance and arrange insurance for the goods being transported. The existence of Employment BPJS insurance can provide social protection to all workers in Indonesia with its main programs, namely Work Accident Insurance, Death Insurance, Old Age Security, and Pension Benefits. The obligation of the transport company to insure the victim and the person employed as a vehicle crew is regulated in Article 237 of the Road Traffic and Transportation Law. The preventive obligation of public transport companies to insure the cargo of goods and the risk of transporting special goods and the people they employ are regulated in Article 58 Paragraph (1) of the Minister of Transportation Regulation Number 60 of 2019.18
Repressive legal protection is the final protection in the form of sanctions, such as fines or compensation given when a dispute occurs or a violation has been committed as stated in Article 307 Juncto 169 (1) of the Road Traffic and Transportation Law which provides for sanctions in the form of fines up to imprisonment due to violations of vehicle loading capacity (overloading). The state protects through accident insurance with PT Jasa Raharja providing basic protection to the public with social insurance, namely public transportation passenger accident insurance which is carried out based on Law Number 33 of 1964 concerning Compulsory Accident Cover Funds for Passengers and Legal Liability Insurance for Third Parties which is carried out based on Law Number 34 of 1964 concerning the Traffic Accident Fund.
15 Dhevi Nayasari Sastradinata, “Aspek Pertanggungjawaban Pengemudi Ojek Online Dalam Kasus Kecelakaan Yang Melibatkan Penumpang Dilihat Dari Hukum Perlindungan Konsumen,” Jurnal Independent 6, no. 2 (2019).
16 Ari Dermawan, “Urgensi Perlindungan Hukum Bagi Korban Kecelakaan Lalu Lintas Menurut Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan,” Doktrina: Journal Of Law 3, no. 1 (2020).
17 Sri Mamudji Soerjono Soekanto, Penelitian Hukum Normatif, 8th edition, Raja Grafindo Persada, Jakarta, 2004, p. 133.
18 Elfrida Ratnawati Gultom, “Perlindungan Hukum Penumpang Angkutan Umum Terhadap Kecelakaan Lalu Lintas Akibat Penyelenggaraan Angkutan,” Hukum Pidana Dan Pembangunan Hukum 1, no. 1 (2018).
In addition to the state and the parties in the transportation company, victims like other road users, also have rights in the event of a traffic accident. As a result of the losses experienced by victims as road users, rights are needed to guarantee safety, security, protection and assistance to victims. The rights of victims in traffic accidents are also regulated in Article 240 of the Road Traffic and Transportation Law. Article 235 of the Road Traffic and Transportation Law also regulates the obligation of public transport to provide assistance to the heirs of victims in the form of medical expenses and/or funeral expenses without dropping criminal charges. This assistance in the form of costs is a financial assistance given to victims of treatment and care on a humanitarian basis.
C. Conclusion
Chain of responsibility is a principle in which responsibilities are separated for various parties in transportation. The chain of responsibility aims to provide protection for the parties in accordance with the tasks carried out by each party. Indonesia adheres to the theory of liability by using the condicio sine qua non theory, namely adhering to the understanding that mistakes are borne by the subject closest to the occurrence of a loss. The Chain of Responsibility principle used in Australia strictly regulates land transportation by heavy vehicles. This principle regulates the responsibility of each party for any losses that occur.
Therefore, the Chain of Responsibility principle refers to the sine qua non theory. The sine qua non theory is a theory that refers to the fault of the parties who have contributed to the loss. In Indonesia, the Chain of Responsibility cannot be applied due to an adequate understanding of the theory in legal practice in Indonesia. Evidenced by the existence of the regulation Article 307 Law Number 22 of 2009 concerning Road Traffic and Transportation (UULLAJ). There is a limitation of liability on the subject imposed in the regulation: the driver, the person closest to the violation that causes the loss.
D. Suggestion
Liability for driver error due to accidents in overloading practices should be lighter when compared to transportation companies. Errors due to overloading must be regulated regarding who is most responsible. This is based on authority in the practice of overloading. The principle of Chain of Responsibility which applies the condicio sine qua non theory, regulates accountability according to each party's mistakes in transportation. There should be regulations governing the liability of transport companies in the event of an accident due to overloading, where the authority for overloading lies with the company.
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